Customs Bulletin and Decisions : Regulations, Rulings, Decisions, and Notices Concerning Customs and Related Matters of the United States Court of Appeals for the Federal Circuit and the United States Court of International Trade 1999-01-06: Vol 33 Iss 1

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Customs BULLETIN
AND DEcISIONS
Weekly Compilation of
Decisions, Rulings, Regulations, Notices, and Abstracts
Concerning Customs and Related Matters of the
U.S. Customs Service
U.S. Court of Appeals for the Federal Circuit
and
U.S. Court of International Trade
VOL. 33 JANUARY 6, 1999 NO. 1
This issue contains:
U.S. Customs Service
T.D. 99-1
General Notice
U.S. Court of International Trade
Slip Op. 98-162 Through 98-167
DEPARTMENT OF THE TREASURY
U.S. Customs SERVICE
NOTICE
The decisions, rulings, regulations, notices and abstracts which are
published in the CustoMs BULLETIN are subject to correction for typo-
graphical or other printing errors. Users may notify the U.S. Customs
Service, Office of Finance, Logistics Division, National Support Ser-
vices Center, Washington, DC 20229, of any such errors in order that
corrections may be made before the bound volumes are published.
Please visit the U.S. Customs Web at:
http://www.customs.ustreas.gov
For sale by the Superintendent of Documents, U.S. Government Printing Office, Washington, DC 20402
U.S. Customs Service
Treasury Decision
19 CFR Part 24
(T.D. 99-1)
RIN 1515-AC39
EXEMPTION OF ISRAELI PRODUCTS FROM
CERTAIN CUSTOMS USER FEES
AGENCY: U.S. Customs Service, Department of the Treasury.
ACTION: Final rule.
SUMMARY: This document amends the Customs Regulations to reflect
that products of Israel are no longer subject to the merchandise process-
ing fees assessed on imported goods under 19 U.S.C. 58c(a)(9) and (10).
This amendment results from publication of a determination by the
United States Trade Representative under section 112 of the Customs
and Trade Act of 1990 that the Government of Israel has provided recip-
rocal concessions. The exemption applies to Israeli products entered, or
withdrawn from warehouse for consumption, on or after September 16,
1998.
EFFECTIVE DATE: December 28, 1998.
FOR FURTHER INFORMATION CONTACT: William G. Rosoff, Of-
fice of Regulations and Rulings (202-927-2077).
SUPPLEMENTARY INFORMATION:
BACKGROUND
Section 13031 of the Consolidated Omnibus Budget Reconciliation
Act of 1985, as amended (codified at 19 U.S.C. 58c and hereinafter re-
ferred to as the COBRA provision), provides for the collection of various
fees for providing Customs services in connection with the arrival of
vessels, vehicles, railroad cars, aircraft, passengers and dutiable mail,
in connection with the entry or release of merchandise, and in connec-
tion with Customs broker permits. The fees pertaining to the entry or
release of merchandise are set forth in subsections (a)(9) and (10) of the
COBRA provision (19 U.S.C. 58c(a)(9) and (10)) and include an ad valo-
CUSTOMS BULLETIN AND DECISIONS, VOL. 33, NO. 1, JANUARY 6, 1999
rem fee for each formal entry or release (subject to specific maximum
and minimum limits), asurcharge for each manual entry or release, and
specific fees for three types of informal entry or release.
Subsection (b)(11) of the COBRA provision (19 U.S.C. 58ce(b)(11))
provides that no fee may be charged under subsection (a)(9) or (10) with
respect to products of Israel if an exemption with respect to the fee is
implemented under section 112 of the Customs and Trade Act of 1990
(the Trade Act, Public Law 101-382). Section 112 of the Trade Act pro-
vides that, if the United States Trade Representative determines that
the Government of Israel has provided reciprocal concessions in ex-
change for the exemption of products of Israel from the fees imposed un-
der subsections (a)(9) and (10) of the COBRA provision, such fees may
not be charged with respect to any product of Israel that is entered, or
withdrawn from warehouse for consumption, on or after the 15th day
after the date on which the determination is published in the Federal
Register.
Regulations implementing the COBRA provision regarding mer-
chandise processing fees are contained in § 24.23 of the Customs Regu-
lations (19 CFR 24.23). When § 24.23 was amended in 1991 to, among
other things, reflect the changes to the COBRA provision made by the
Trade Act (see T.D. 91-33, published in the Federal Register at 56 FR
15036 on April 15, 1991, and T.D. 91-95, published in the Federal Regis-
ter at 56 FR 63648 on December 5, 1991), no determination under sec-
tion 112 of the Trade Act had been published by the United States Trade
Representative. Accordingly, the revised text of § 24.23 included, in
paragraph (c)(5), a general statement as to the nonapplicability of the
merchandise processing fees under the circumstances described in sec-
tion 112 of the Trade Act, but without any indication of a specific effec-
tive date because the conditions set forth in the statute had not yet been
met.
On September 1, 1998, the Office of the United States Trade Repre-
sentative published a notice in the Federal Register (63 FR 46496) stat-
ing that the United States Trade Representative has determined that
the Government of Israel has provided reciprocal concessions for pur-
poses of section 112 of the Trade Act. Accordingly, the notice stated that
pursuant to section 112 of the Trade Act and 19 U.S.C. 58ce(b)(11), any
product of Israel that is entered, or withdrawn from warehouse for con-
sumption, on or after the 15th day after the date of publication of that
notice will not be charged the fees imposed under 19 U.S.C. 58c(a)(9)
and (10).
Paragraph (c)(5) was drafted and included in § 24.23 in general, self-
executing terms in order to allow for the future publication of a deter-
mination under section 112 of the Trade Act, and for operational
implementation thereof by Customs, without having to amend the reg-
ulatory text. Nevertheless, for purposes of clarity and in order to pro-
vide the most complete information to the public, Customs believes that
U.S. CUSTOMS SERVICE
it would be preferable to amend the regulatory text to reflect the specific
date on which the exemption took effect, that is, September 16, 1998.
INAPPLICABILITY OF PUBLIC NOTICE AND COMMENT AND
DELAYED EFFECTIVE DATE REQUIREMENTS
Pursuant to the provisions of5 U.S.C. 553(b)(B), Customs has deter-
mined that prior public notice and comment procedures on this regula-
tion are unnecessary and contrary to the public interest. The
regulatory change conforms the Customs Regulations to the terms of a
statutory provision that is already in effect. In addition, the regulatory
change benefits the public by providing specific information regarding
the right to an exemption from the payment of certain import fees. For
the same reasons, pursuant to the provisions of 5 U.S.C. 553(d)(1) and
(3), Customs finds that there is good cause for dispensing with a delayed
effective date.
EXECUTIVE ORDER 12866
This document does not meet the criteria for a “significant regulatory
action” as specified in E.O. 12866.
REGULATORY FLEXIBILITY ACT
Because no notice of proposed rulemaking is required for this rule,
the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do
not apply.
DRAFTING INFORMATION
The principal author of this document was Francis W. Foote, Office of
Regulations and Rulings, U.S. Customs Service. However, personnel
from other offices participated in its development.
LIST OF SUBJECTS IN 19 CFR PART 24
Accounting, Claims, Customs duties and inspection, Taxes, User fees,
Wages.
AMENDMENT TO THE REGULATIONS
For the reasons stated in the preamble, Part 24 of the Customs Regu-
lations (19 CFR Part 24) is amended as set forth below.
PART 24—CUSTOMS FINANCIAL AND
ACCOUNTING PROCEDURE
1. The authority citation for Part 24 continues to read in part as
follows:
Authority: 5 U.S.C. 301; 19 U.S.C. 58a-58c, 66, 1202 (General Note 20,
Harmonized Tariff Schedule of the United States), 1450, 1624; 31 U.S.C.
9701.
* * * * * * *
2. In § 24.23, paragraph (c)(5) is amended by removing the words
“the effective date of a determination made under section 112 of the
CUSTOMS BULLETIN AND DECISIONS, VOL. 33, NO. 1, JANUARY 6, 1999
Customs and Trade Act of 1990” and adding, in their place, the words
“September 16, 1998 (the effective date ofa determination published in
the Federal Register on September 1, 1998, under section 112 of the
Customs and Trade Act of 1990)”.
RAYMOND W. KELLY,
Commissioner of Customs.
Approved: November 18, 1998.
JOHN P. SIMPSON
Deputy Assistant Secretary of the Treasury.
Published in the Federal Register, December 28, 1998 (63 FR 71371)]
U.S. Customs Service
General Notice
PROPOSED COLLECTION; COMMENT REQUEST
NORTH AMERICAN FREE TRADE AGREEMENT DUTY DEFERRAL
ACTION: Notice and request for comments.
SUMMARY: As part of its continuing effort to reduce paperwork and re-
spondent burden, Customs invites the general public and other Federal
agencies to comment on an information collection requirement con-
cerning the North American Free Trade Agreement Duty Deferral.
This request for comment is being made pursuant to the Paperwork Re-
duction Act of 1995 (Public Law 104-13; 44 U.S.C. 3505(c)(2)).
DATES: Written comments should be received on or before February
22, 1999, to be assured of consideration.
ADDRESS: Direct ail written comments to U.S. Customs Service, Infor-
mation Services Group, Attn.: J. Edgar Nichols, 1300 Pennsylvania
Avenue, NW, Room 3.2C, Washington, D.C. 20229.
FOR FURTHER INFORMATION CONTACT: Requests for additional
information should be directed to U.S. Customs Service, Attn.: J. Edgar
Nichols, 1300 Pennsylvania Avenue NW, Room 3.2C, Washington, D.C.
20229, Tel. [phone].
SUPPLEMENTARY INFORMATION:
Customs invites the general public and other Federal agencies to
comment on proposed and/or continuing information collections pur-
suant to the Paperwork Reduction Act of 1995 (Public Law 104-13; 44
U.S.C. 3505(c)(2)). The comments should address: (1) whether the
collection of information is necessary for the proper performance of the
functions of the agency, including whether the information shall have
practical utility; (b) the accuracy of the agency’s estimates of the burden
of the collection of information; (c) ways to enhance the quality, utility,
and clarity of the information to be collected; (d) ways to minimize the
burden including the use of automated collection techniques or the use
of other forms of information technology; and (e) estimates of capital or
start-up costs and costs of operations, maintenance, and purchase of
services to provide information. The comments that are submitted will
CUSTOMS BULLETIN AND DECISIONS, VOL. 33, NO. 1, JANUARY 6, 1999
be summarized and included in the Customs request for Office of Man-
agement and Budget (OMB) approval. All comments will become a mat-
ter of public record. In this document Customs is soliciting comments
concerning the following information collection:
Title: North American Free Trade Agreement Duty Deferral
OMB Number: 1515-0208
Form Number: N/A
Abstract: The North American Free Trade Agreement Duty Deferral
Program prescribe the documentary and other requirements that must
be followed when merchandise is withdrawn from a U.S. duty-deferral
program for exportation to another NAFTA country.
Current Actions: There are no changes to the information collection.
This submission is being submitted to extend the expiration date.
Type of Review: Extension (without change)
Affected Public: Businesses, Individuals, Institutions
Estimated Number of Respondents: 1,783
Estimated Time Per Respondent: 120 hours
Estimated Total Annual Burden Hours: 250,000
Estimated Total Annualized Cost on the Public: $3,900,000
Dated: December 17, 1998.
J. EDGAR NICHOLS,
Team Leader,
Information Services Group.
{Published in the Federal Register, December 24, 1998 (63 FR 71341)]
United States Court of
International Trade
One Federal Plaza
New York, N.Y. 10007
Chief Judge
Gregory W. Carman
Judges
Jane A. Restani Evan J. Wallach
Thomas J. Aquilino, Jr. Judith M. Barzilay
Richard W. Goldberg Delissa Anne Ridgway
Donald C. Pogue
Senior Judges
James L. Watson
Herbert N. Maletz
Bernard Newman
Dominick L. DiCarlo
Nicholas Tsoucalas
R. Kenton Musgrave
Clerk
Raymond F. Burghardt